S M DUBASH Vs. V V M BHOSALE

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr. P. C. and under Article 227 of the Constitution of India challenging the issue of process against the petitioners in Criminal Case No. 307 of 1988 on the file of Chief Judicial Magistrate, Thane. Heard both the sides.

(2.) THE first respondent-complainant filed a complaint against the third respondent and the petitioners for offences under the Air (Prevention and Control of Pollution) Act, 1981, the allegation of the complainant is that the accused No. 1 (respondent No. 3) is a company and accused Nos. 2 to 5, the present petitioners are the Chairman, Managing Director, Director and factory Manager of the said company. That the company is having a factory where it is using lead press, lead oxide, etc. as raw materials. That the accused have failed to provide suitable arrangements to protect emission to satisfy standards prescribed under the Act and the rules. Hence it is alleged that the accused have violated many of the provisions of the Act and the rules and thereby they have committed an offence punishable under Section 39 of the Act.

(3.) THE accused Nos. 2 to 4 challenged the issue of process before the learned Sessions Judge in criminal Revision Application No. 170 of 1988. The learned Sessions Judge dismissed the revision application. Hence the petitioners have approached this Court. The learned Counsel for the petitioners contended that the prosecution is bad since there is no sanction to prosecute them. On the other hand, the learned Additional Public Prosecutor appearing for the respondents contended that sanction for prosecution against the company includes all the persons who are responsible for day to day affairs of the said company and the sanction against the petitioners deemed to have been granted.